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    G ' A N M M P I C N - 4:10-cv-00257 (SBA) sf-2814794

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    Equality Case Files
    This document is an amended notice of motion and motion for a preliminary injunction filed by plaintiff Karen Golinski against the United States Office of Personnel Management and its director John Berry. The motion seeks to enjoin OPM from interfering with a Ninth Circuit order requiring OPM to provide Golinski's federal health benefits to her wife. The amendment adds John Berry as a defendant to address sovereign immunity concerns.

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    G ' A N M M P I C N - 4:10-cv-00257 (SBA) sf-2814794

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    Equality Case Files
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    This document is an amended notice of motion and motion for a preliminary injunction filed by plaintiff Karen Golinski against the United States Office of Personnel Management and its director John Berry. The motion seeks to enjoin OPM from interfering with a Ninth Circuit order requiring OPM to provide Golinski's federal health benefits to her wife. The amendment adds John Berry as a defendant to address sovereign immunity concerns.

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    3:10-cv-00257 #34

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    This document is an amended notice of motion and motion for a preliminary injunction filed by plaintiff Karen Golinski against the United States Office of Personnel Management and its director John Berry. The motion seeks to enjoin OPM from interfering with a Ninth Circuit order requiring OPM to provide Golinski's federal health benefits to her wife. The amendment adds John Berry as a defendant to address sovereign immunity concerns.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    10 views3 pages

    G ' A N M M P I C N - 4:10-cv-00257 (SBA) sf-2814794

    Uploaded by

    Equality Case Files
    This document is an amended notice of motion and motion for a preliminary injunction filed by plaintiff Karen Golinski against the United States Office of Personnel Management and its director John Berry. The motion seeks to enjoin OPM from interfering with a Ninth Circuit order requiring OPM to provide Golinski's federal health benefits to her wife. The amendment adds John Berry as a defendant to address sovereign immunity concerns.

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    of 3

    Case3:10-cv-00257-JSW Document34 Filed03/10/10 Page1 of 3

    1 JAMES R. McGUIRE (CA SBN 189275)


    JMcGuire@mofo.com
    2 GREGORY P. DRESSER (CA SBN 136532)
    GDresser@mofo.com
    3 RITA F. LIN (CA SBN 236220)
    RLin@mofo.com
    4 GRACE Y. PARK (CA SBN 239928)
    GracePark@mofo.com
    5 MORRISON & FOERSTER LLP
    425 Market Street
    6 San Francisco, California 94105-2482
    Telephone: 415.268.7000
    7 Facsimile: 415.268.7522
    8 JENNIFER C. PIZER (CA SBN 152327)
    JPizer@lambdalegal.org
    9 LAMBDA LEGAL, Western Regional Office
    3325 Wilshire Boulevard, Suite 1300
    10 Los Angeles, CA 90010-1729
    Telephone: 213.382.7600
    11 Facsimile: 213.351.6050
    12 Attorneys for Plaintiff
    KAREN GOLINSKI
    13

    14 UNITED STATES DISTRICT COURT

    15 NORTHERN DISTRICT OF CALIFORNIA

    16 OAKLAND DIVISION

    17

    18 KAREN GOLINSKI, Case No. 4:10-cv-00257 (SBA)

    19 Plaintiff, PLAINTIFF KAREN


    GOLINSKI’S AMENDED
    20 v. NOTICE OF MOTION AND
    MOTION FOR PRELIMINARY
    21 UNITED STATES OFFICE OF PERSONNEL INJUNCTION
    MANAGEMENT, and JOHN BERRY, Director
    22 of the United States Office of Personnel Date: June 15, 2010
    Management, in his official capacity, Time: 1:00 p.m.
    23 Place: Courtroom 1, 4th Floor
    Defendants. United States Courthouse
    24 1301 Clay Street
    Oakland, California 94612
    25

    26

    27

    28
    GOLINSKI’S AMENDED NOTICE OF MOTION AND MOTION FOR PRELIMINARY INJUNCTION
    CASE NO. 4:10-cv-00257 (SBA)
    sf- 2814794
    Case3:10-cv-00257-JSW Document34 Filed03/10/10 Page2 of 3

    1 AMENDED NOTICE OF MOTION AND MOTION


    2 TO ALL DEFENDANTS:
    3 PLEASE TAKE NOTICE THAT at 1:00 pm on Tuesday, June 15, 2010, or as soon
    4 thereafter as counsel may be heard, in the courtroom of the Honorable Saundra B. Armstrong,
    5 located at 1301 Clay Street, Oakland, CA 94612, plaintiff Karen Golinski will move for an order
    6 for a preliminary injunction pursuant to Fed. R. Civ. P. 65 and Civil L.R. 65-1.
    7 The motion seeks to enjoin the United States Office of Personnel Management and its
    8 director John Berry (collectively, “OPM”), and their respective agents, servants, employees,
    9 attorneys and those in active concert or participation with them or OPM, from violating Chief
    10 Judge Kozinski’s November 19, 2009 Order in the proceeding In the Matter of Karen Golinski,
    11 No. 09-80173 (9th Cir.), pending further order of this Court. Specifically, defendants shall, as
    12 prescribed in the November 19, 2009 Order:
    13 [R]escind its guidance or directive to the Blue Cross and Blue Shield
    Service Benefit Plan and any other plan that Ms. Golinski’s wife is not
    14 eligible to be enrolled as her spouse under the terms of the Federal
    Employees Health Benefits Program because of her sex or sexual
    15 orientation, and that the plans would violate their contracts with OPM
    by enrolling Ms. Golinski’s wife as a beneficiary.
    16
    [C]ease at once its interference with the jurisdiction of [the Ninth
    17 Circuit’s EDR] tribunal. Specifically, OPM shall not advise
    Ms. Golinski’s health plan, the Blue Cross and Blue Shield Service
    18 Benefit Plan, that providing coverage for Ms. Golinski’s wife violates
    DOMA or any other federal law. Nor shall OPM interfere in any way
    19 with the delivery of health benefits to Ms. Golinski’s wife on the basis
    of her sex or sexual orientation.
    20

    21 The motion is based upon this amended notice of motion and motion, the memorandum of

    22 points and authorities filed on January 26, 2010, the accompanying declarations and exhibits filed

    23 on that date, plaintiff’s complaint, and such further evidence and arguments as may be presented.

    24 This amended notice of motion and motion is identical to plaintiff’s original notice of

    25 motion and motion, filed on January 26, 2010, except that defendant John Berry has been

    26 expressly added. Plaintiff’s First Amended Complaint, filed March 8, 2010, added Mr. Berry in

    27 his official capacity as Director of the Office of Personnel Management to address sovereign

    28 immunity concerns raised by OPM.


    GOLINSKI’S AMENDED NOTICE OF MOTION AND MOTION FOR PRELIMINARY INJUNCTION
    1
    CASE NO. 4:10-cv-00257 (SBA)
    sf-2782758
    Case3:10-cv-00257-JSW Document34 Filed03/10/10 Page3 of 3

    1 This amendment to plaintiff’s notice and motion should not require any modification to
    2 the briefing schedule set by the Court. There is no substantive change to the relief sought by
    3 plaintiff, and no prejudice to any party if the briefing schedule remains unchanged. Plaintiff’s
    4 original notice and motion was already directed to the Office of Personnel Management and its
    5 “agents” and “employees,” which includes Mr. Berry. In addition, plaintiff has served defendant
    6 Berry with the original preliminary injunction motion and supporting papers, as well as the
    7 Court’s briefing schedule for the motion.
    8

    9 Dated: March 10, 2010 MORRISON & FOERSTER LLP


    10 LAMBDA LEGAL
    11

    12 By: /s/ James R. McGuire


    JAMES R. McGUIRE
    13
    Attorneys for Plaintiff
    14 KAREN GOLINSKI
    15

    16

    17

    18

    19

    20

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    22

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    28
    GOLINSKI’S AMENDED NOTICE OF MOTION AND MOTION FOR PRELIMINARY INJUNCTION
    CASE NO. 4:10-cv-00257 (SBA)
    2
    sf-2814794

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